There is an interesting aroma in the air in the U.S., offering fresh possibilities blossoming around us after so much war, tensions, suffering and hell on so many levels. Yet, people don’t know if they should laugh or cry as there is so much tension and in the air as well. Surely we prefer to laugh. But first, a few things to cry and scream about with righteous indignation.
A Supreme Court decision that Trumps the Rule of Law: a supremely unconstitutional ruling
In a woefully disgraceful decision just days before the 248th birthday of the United States, the Supreme Court sounded the death knell to Democracy in what, to date, has been considered the greatest Democracy in the world. The Court made an unethical and unconstitutional decision positioning the President above the law. In America, no one is above the law, Presidents included. Everyone knows this and it is foundational to our Republic and Democracy.
No one is immune, everyone is subject to the law. But now that’s changed. Presidents, with the authority of kings, can do their bidding lawlessly. The purpose of the Revolutionary War was so America could be freed of a King’s rule. This was just neutralized, wiped out, in this single, contested but nonetheless, binding decision.
Specifically, the Supreme Court adjudicated that a sitting President, in respect to official acts as President, enjoys absolute immunity from prosecution no matter what crime he might commit.
There is no counter-provision regarding acts of treason, bribery or even acts of murder of political rivals or for that matter, anyone or anything as long as it is deemed “an official act”. It defies all manner of common sense, ethics, rational thinking, or reason, but indeed, this notwithstanding, this has now become the standing law of the land for all future Presidents unless or until this decision is appealed, abandoned or ignored.
Chief Justice Roberts wrote: “Under our constitutional structure of separated powers, the nature of presidential power entitles a former president to absolute immunity from criminal prosecution for actions within his conclusive and preclusive constitutional authority,” Chief Justice John Roberts wrote for the court. “And he is entitled to at least presumptive immunity from prosecution for all his official acts. There is no immunity for unofficial acts.”
A powerful, dissenting voice speaks with balance & reason
Justice Sonia Sotomayor said the Supreme Court’s decision granting former President Trump immunity for official acts “completely insulate[s] presidents from criminal liability” in her forceful dissent. “This decision to grant former President Trump in particular (and now the current and future Presidents) criminal immunity reshapes the institution of the Presidency,” Sotomayor wrote in the 30-page dissent, joined by fellow liberal Justices Elena Kagan and Ketanji Brown Jackson.
“It makes a mockery of the principle, foundational to our Constitution and system of Government, that no man is above the law.” In a 6-3 vote, the Supreme Court ruled former presidents enjoy absolute criminal immunity for certain core functions. Other official acts are entitled to a presumption of immunity, Chief Justice John Roberts wrote for the majority.
“The Court effectively creates a law-free zone around the President, upsetting the status quo that has existed since the Founding,” Sotomayor wrote. “This new official-acts immunity now ‘lies about like a loaded weapon’ for any President that wishes to place his own interests, his own political survival, or his own financial gain, above the interests of the Nation.”
“The relationship between the President and the people he serves has shifted irrevocably. In every use of official power, the President is now a king above the law,” her dissent read. “Our Constitution does not shield a former President from answering for criminal and treasonous acts,” Sotomayor wrote. Sotomayor said the majority created an “unjustifiable immunity.”
“Argument by argument, the majority invents immunity through brute force,” she wrote. “When he uses his official powers in any way, under the majority’s reasoning, he now will be insulated from criminal prosecution,” Sotomayor wrote in dissent. “Orders the Navy’s Seal Team 6 to assassinate a political rival? Immune,” she continued. “Organizes a military coup to hold on to power? Immune. Takes a bribe in exchange for a pardon? Immune. Immune, immune, immune.”
A Supreme Court supremely corrupt
The Supreme Court has never been so corrupt. Investigations are being conducted regarding several of the conservative judges who have been found receiving gifts from wealthy businessmen for years, some of whom have done business in front of the Court following gift-giving. But wait, there’s more! Not just gift-giving and not declaring them on their income tax filing but being explicit about their respective political allegiances e.g., Samuel Alito and likely more.
As Senator Sheldon Whitehouse has been saying for years, the Supreme Court is a corrupt body and requires serious, legal oversight.
Can we establish justice by law outside the machinations of the current Supreme Court? Surely this is one of our many tasks as citizens of the United States.
Joe Biden slowly steps down!
When I began writing this article, Joe was faltering and stammering but holding on strong. His grip has since loosened and as of July 21, a little more than a week after Trump was shot at, Biden stepped down, paving the way for someone younger, hopefully to initiate a new paradigm that has peace and ecosystem restoration at the top of the agenda along with serving all the People.
Despite that Biden declared himself a one-term President in 2020 when running for office, he conveniently forgot that as did the media and the entire Democratic Party.
Memory loss or convenient amnesia?
I didn’t forget. I have written to Biden at least a dozen times over the past nearly two years, reminding him and asking him to abide by his promise to the American People. It’s funny to me that the top politicians are now self-righteously claiming that “they now remember” and have been asking Biden to step down for the past few months. If they would have asked me, I would have refreshed their memories long before that.
The replacement candidate could have been in the running now since the election cycle began instead of with 100 or so days until the election.
A long, distinguished & typical political career of promising the People while doing the bidding of the corporate donor class
Nonetheless, and despite his war-mongering in regard to Iraq, Afghanistan, Ukraine, Yemen and Gaza, in other ways, he has had what is considered a distinguished career in politics, usually siding with corporate interests which is typical, yet occasionally standing up for the small man so we thank him for those bills and acts. We do thank him for the good he’s done throughout these 50 years. The passage of the infrastructure bill during his Presidency was and is indeed admirable and outstanding in Presidential history and for this he deserves to be roundly applauded.
Is Kamala Harris the new bloom of the rose?
While I spoke of “a new blossoming”, by current measures, it looks like that blossom may be VP Kamala Harris. Since everything is changing by the week, we can’t know by the time this article is published what other “surprises” may have surfaced, but no one can say that these times are boring but are truly fertile. To her recent credit, from my point of view, she did not preside over war criminal Netanyahu’s speech to Congress which should never have happened.
The International Court of Justice declared him a war criminal, guilty of genocide, and issued a warrant for his arrest if he steps out of Israel. An arrest should have happened instead of him being coddled by his enablers, the Republican House. Harris also spoke about the suffering of the Palestinian People in her subsequent press conference, which was more than Biden ever did in the 9 months of this war, making clear how she is parting ways with Biden on this very heated subject. She could only go so far at this delicate, transitional moment but I believe she went as far as she could in the current political climate and context.
The only constant is change itself say the ancient Chinese philosophers
In just over a week, one Presidential candidate is shot, another gets Covid and resigns, and then a war criminal from Israel is given standing ovations by Congress while over 100 Congress people declined attendance while thousands---Jews, Palestinians and everyone else outside protested Netanyahu’s genocide in Gaza and U.S.’ complicity.
This war criminal had the audacity to come to our Congress and call Americans protesting his presence swayed by and paid for by Iran and Hezbollah, insulting the very Americans who are (though unwillingly) paying with tax dollars for the 3 billion given to Israel annually and for the war planes and bombs he is dropping on innocent people. The insult and audacity of this seems to have been lost on the press and on our own Congress who stood up countless times to applaud an international criminal deemed such in his own country by Israel’s Courts domestically.
The lotus always blossoms
Many Americans are feeling a relief that Biden has passed the baton to a younger generation. Many Americans are praying for “a new start”, a new paradigm in politics and economics so that the People can be served instead of corporations, because it has been very much the latter and not the former for at least a century with the occasional exception. Bernie Sanders has been outspoken about this for decades which is why, to this day, he is so beloved by so many.
An interesting idea: a mixed Dem-Repub ticket, really?
A colleague and friend, Dr. Bernard Starr, psychologist and writer, sent me his most recent op-ed piece which makes the bold and intelligent recommendation that Harris select moderate (real) Republican John Kasich as her running mate.
This would support bi-partisanship which we sorely need more of for a working Republic and Democracy. Interestingly it would take air out of the war the Republicans have been waging for years now against Democrats as they try to “Trump” them.This would allow moderate Republicans to have a way forward without conceding to an extremist Maga Republican position and would also simultaneously “Trump Trump”. It could restore some dignity that has been robbed from the Party by yet another uneducated, Mafia-like bully, also a convicted felon.
There is historic precedent, with Republican President Lincoln and Democrat Andrew Johnson. It went well—it was a winning ticket. I think it’s brilliant. But are the Democrats savvy, democratic and progressive enough for this? It sure worked for Lincoln. Shouldn’t we give this a try?
Out of chaos comes order. Out of mud, comes the lotus. While the world is collapsing, while wars rage, it could be that the country, originally considered a “beacon of light” to the world, can, after an extremely dark period, emerge with the torch of not just liberty, but of freedom, justice, peace and compassion in a woman’s hands.